Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1333,16 823.085 (2) (intro.) In any action finding a solid waste facility or the operation of a solid waste facility to be a public or private nuisance, if the solid waste facility was licensed under s. 289.31 (1) and was operated in substantial compliance with the license, the plan of operation for the solid waste facility approved by the department of natural resources environmental management and the rules promulgated under s. 289.05 (1) that apply to the facility, then all of the following apply:

SB55-ASA1-AA1, s. 3836sk Section 3836sk. 823.085 (2) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1333,20 823.085 (2) (b) The department of natural resources environmental management shall comply with a request by the court to provide suggestions for practices to reduce the offensive aspects of the nuisance.".

SB55-ASA1-AA1,1333,21 1759. Page 1209, line 3: after that line insert:

SB55-ASA1-AA1,1333,22 " Section 3836t. 818.05 of the statutes is amended to read:

SB55-ASA1-AA1,1334,11 818.05 Bond, liability of plaintiff for support. Before making the order for arrest the court or judge shall require a bond of the plaintiff, with or without sureties, to the effect that if the plaintiff fails to recover, the plaintiff will pay all costs that may be awarded to the defendant and all damages which the defendant may sustain by reason of the arrest, not exceeding the sum specified in the bond, which shall be at least $100. If the bond be executed by the plaintiff without sureties the plaintiff shall annex thereto an affidavit that the plaintiff is a resident and householder or freeholder within the state and worth double the sum specified in the bond above all of the plaintiff's debts and liabilities in property in this state not exempt from execution. The plaintiff shall be liable for support of the defendant while the defendant is in jail, as specified in s. 898.14 (1). This section does not apply to an order for arrest in an action to determine paternity or to any action under ch. 767 brought by the state or its designee.".

SB55-ASA1-AA1,1334,13 1760. Page 1211, line 9: delete the material beginning with that line and ending with page 1214, line 15, and substitute:

SB55-ASA1-AA1,1334,14 " Section 3852d. 885.37 (title) of the statutes is amended to read:

SB55-ASA1-AA1,1334,17 885.37 (title) Interpreters for persons with language difficulties or hearing or speaking impairments in municipal courts and administrative agency contested cases.

SB55-ASA1-AA1, s. 3852g Section 3852g. 885.37 (1) (a) of the statutes is repealed.

SB55-ASA1-AA1, s. 3852m Section 3852m. 885.37 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1335,8 885.37 (1) (b) If a municipal court has notice that a person who fits any of the criteria under par. (a) is a juvenile or parent subject to ch. 938, or who is a witness in a proceeding under ch. 938, has a language difficulty because of the inability to speak or understand English, has a hearing impairment, is unable to speak or has a speech defect, the court shall make a factual determination of whether the language difficulty or the hearing or speaking impairment is sufficient to prevent the individual from communicating with his or her attorney, reasonably understanding the English testimony or reasonably being understood in English. If the court determines that an interpreter is necessary, the court shall advise the person that he or she has a right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided for him or her at the public's expense. Any waiver of the right to an interpreter is effective only if made voluntarily in person, in open court and on the record.

SB55-ASA1-AA1, s. 3852r Section 3852r. 885.37 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1335,11 885.37 (2) A municipal court may authorize the use of an interpreter in actions or proceedings in addition to those specified in sub. (1) (b).

SB55-ASA1-AA1, s. 3853g Section 3853g. 885.37 (4) (a) of the statutes is repealed and recreated to read:

SB55-ASA1-AA1,1335,14 885.37 (4) (a) The necessary expense of furnishing an interpreter for an indigent person in a municipal court shall be paid by the municipality.

SB55-ASA1-AA1, s. 3853m Section 3853m. 885.37 (5) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1335,18 885.37 (5) (a) If a municipal court under sub. (1) (b) or (2) or an agency under sub. (3) decides to appoint an interpreter, the court or agency shall follow the applicable procedure under par. (b) or (c).

SB55-ASA1-AA1, s. 3860m Section 3860m. 885.38 of the statutes is created to read:

SB55-ASA1-AA1,1335,20 885.38 Interpreters in circuit and appellate courts. (1) In this section:

SB55-ASA1-AA1,1335,21 (a) "Court proceeding" means any proceeding before a court of record.

SB55-ASA1-AA1,1335,22 (b) "Limited English proficiency" means any of the following:

SB55-ASA1-AA1,1335,24 1. The inability, because of the use of a language other than English, to adequately understand or communicate effectively in English in a court proceeding.

SB55-ASA1-AA1,1336,3 2. The inability, due to a speech impairment, hearing loss, deafness, deaf-blindness, or other disability, to adequately hear, understand, or communicate effectively in English in a court proceeding.

SB55-ASA1-AA1,1336,4 (c) "Qualified interpreter" means a person who is able to do all of the following:

SB55-ASA1-AA1,1336,5 1. Readily communicate with a person who has limited English proficiency.

SB55-ASA1-AA1,1336,8 2. Orally transfer the meaning of statements to and from English and the language spoken by a person who has limited English proficiency in the context of a court proceeding.

SB55-ASA1-AA1,1336,12 3. Readily and accurately interpret for a person who has limited English proficiency, without omissions or additions, in a manner that conserves the meaning, tone, and style of the original statement, including dialect, slang, and specialized vocabulary.

SB55-ASA1-AA1,1336,16 (2) The supreme court shall establish the procedures and policies for the recruitment, training, and certification of persons to act as qualified interpreters in a court proceeding and for the coordination, discipline, retention, and training of those interpreters.

SB55-ASA1-AA1,1336,21 (3) (a) In criminal proceedings and in proceedings under ch. 48, 51, 55, or 938, if the court determines that the person has limited English proficiency and that an interpreter is necessary, the court shall advise the person that he or she has the right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided at the public's expense if the person is one of the following:

SB55-ASA1-AA1,1336,22 1. A party in interest.

SB55-ASA1-AA1,1336,23 2. A witness, while testifying in a court proceeding.

SB55-ASA1-AA1,1336,24 3. An alleged victim, as defined in s. 950.02 (4).

SB55-ASA1-AA1,1337,2 4. A parent or legal guardian of a minor party in interest or the legal guardian of a party in interest.

SB55-ASA1-AA1,1337,4 5. Another person affected by the proceedings, if the court determines that the appointment is necessary and appropriate.

SB55-ASA1-AA1,1337,6 (b) The court may appoint more than one qualified interpreter in a court proceeding when necessary.

SB55-ASA1-AA1,1337,9 (c) If a person with limited English proficiency, as defined in sub. (1) (b) 2., is part of a jury panel in a court proceeding, the court shall appoint a qualified interpreter for that person.

SB55-ASA1-AA1,1337,12 (d) If a person with limited English proficiency requests the assistance of the clerk of circuit courts regarding a legal proceeding, the clerk may provide the assistance of a qualified interpreter to respond to the person's inquiry.

SB55-ASA1-AA1,1337,16 (e) A qualified interpreter appointed under this subsection may, with the approval of the court, provide interpreter services outside the court room that are related to the court proceedings, including during court-ordered psychiatric or medical exams or mediation.

SB55-ASA1-AA1,1337,18 (f) A court may authorize the use of a qualified interpreter in actions or proceedings in addition to those specified in par. (a).

SB55-ASA1-AA1,1337,23 (4) (a) The court may accept the waiver of the right to a qualified interpreter by a person with limited English proficiency at any point in the court proceeding if the court advises the person of the nature and effect of the waiver and determines on the record that the waiver has been made knowingly, intelligently, and voluntarily.

SB55-ASA1-AA1,1338,3 (b) At any point in the court proceeding, for good cause, the person with limited English proficiency may retract his or her waiver and request that a qualified interpreter be appointed.

SB55-ASA1-AA1,1338,7 (5) Every qualified interpreter, before commencing his or her duties in a court proceeding, shall take a sworn oath that he or she will make a true and impartial interpretation. The supreme court may approve a uniform oath for qualified interpreters.

SB55-ASA1-AA1,1338,10 (6) Any party to a court proceeding may object to the use of any qualified interpreter for good cause. The court may remove a qualified interpreter for good cause.

SB55-ASA1-AA1,1338,13 (7) The delay resulting from the need to locate and appoint a qualified interpreter may constitute good cause for the court to toll the time limitations in the court proceeding.

SB55-ASA1-AA1,1338,16 (8) (a) Except as provided in par. (b), the necessary expenses of providing qualified interpreters to indigent persons with limited English proficiency under this section shall be paid as follows:

SB55-ASA1-AA1,1338,20 1. The county in which the circuit court is located shall pay the expenses in all proceedings before a circuit court and when the clerk of circuit court uses a qualified interpreter under sub. (3) (d). The county shall be reimbursed as provided in s. 758.19 (8) for expenses paid under this subdivision.

SB55-ASA1-AA1,1338,22 2. The court of appeals shall pay the expenses in all proceedings before the court of appeals.

SB55-ASA1-AA1,1338,24 3. The supreme court shall pay the expenses in all proceedings before the supreme court.

SB55-ASA1-AA1,1339,3 (b) The state public defender shall pay the expenses for interpreters assisting the state public defender in representing an indigent person in preparing for court proceedings.".

SB55-ASA1-AA1,1339,4 1761. Page 1214, line 15: after that line insert:

SB55-ASA1-AA1,1339,5 " Section 3862bp. 891.04 of the statutes is amended to read:

SB55-ASA1-AA1,1339,13 891.04 Certificate as to public lands. The certificate of the executive secretary appointed under s. 24.55 under the official seal, that any specified piece or tract of land belongs to or is mortgaged to the state, or that the state has any interest, legal or equitable, in that land shall be presumptive evidence of the facts so stated. The certificate of the secretary of natural resources fish, wildlife, parks, and forestry under the official seal of the department that authority has been given to any person, naming the person, to seize timber or other materials specified in ch. 26 shall be presumptive evidence of the fact so stated.".

SB55-ASA1-AA1,1339,14 1762. Page 1214, line 15: after that line insert:

SB55-ASA1-AA1,1339,15 " Section 3862. 889.29 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1340,9 889.29 (1) If any business, institution or member of a profession or calling in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, or to be recorded on an optical disk or in electronic format, the original may be destroyed in the regular course of business, unless its preservation is required by law. Such reproduction or optical disk record, when reduced to comprehensible format and when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction of a record or an enlarged copy of a record generated from an original record stored in optical disk or electronic format is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement or facsimile, does not preclude admission of the original. This subsection does not apply to records governed by s. 137.20.".

SB55-ASA1-AA1,1340,10 1763. Page 1217, line 25: after that line insert:

SB55-ASA1-AA1,1340,11 " Section 3862wg. 893.575 of the statutes is created to read:

SB55-ASA1-AA1,1340,17 893.575 Actions concerning illegal drug use. (1) Except as otherwise provided in this section, an action under s. 895.92 shall be commenced within two years after the cause of action accrues or be barred. A cause of action under s. 895.92 accrues when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm.

SB55-ASA1-AA1,1340,22 (2) For a plaintiff, the time limit under this section is tolled while the individual potential plaintiff is incapacitated by the use of an illegal drug to the extent that the individual cannot reasonably be expected to seek recovery under s. 895.92. For a defendant, the time limit under this section is tolled until six months after the individual potential defendant is convicted of a criminal drug offense.

SB55-ASA1-AA1,1341,2 (3) The time limit under this section for an action under s. 895.92 based on participation in the illegal drug market that occurred prior to the effective date of this subsection .... [revisor inserts date], does not begin to run until the effective date of this subsection .... [revisor inserts date].".

SB55-ASA1-AA1,1341,4 1764. Page 1218, line 4: after "948.095" insert "against the person who committed the act".

SB55-ASA1-AA1,1341,5 1765. Page 1218, line 8: after that line insert:

SB55-ASA1-AA1,1341,6 " Section 3862y. 893.73 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1341,9 893.73 (2) (a) An action under s. 60.73 contesting an act of a town board or the department of natural resources environmental management in the establishment of a town sanitary district.".

SB55-ASA1-AA1,1341,10 1766. Page 1218, line 8: after that line insert:

SB55-ASA1-AA1,1341,11 " Section 3862yg. 893.66 (title) of the statutes is amended to read:

SB55-ASA1-AA1,1341,13 893.66 (title) Accountants Certified public accountants; limitations of actions.

SB55-ASA1-AA1, s. 3862yr Section 3862yr. 893.66 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1341,19 893.66 (1) Except as provided in subs. (1m) to (4), an action to recover damages, based on tort, contract or other legal theory, against any certified public accountant licensed or certified under ch. 442 for an act or omission in the performance of professional accounting services shall be commenced within 6 years from the date of the act or omission or be barred.".

SB55-ASA1-AA1,1341,20 1767. Page 1219, line 4: after that line insert:

SB55-ASA1-AA1,1341,21 " Section 3871g. 895.90 of the statutes is created to read:

SB55-ASA1-AA1,1341,23 895.90 Short title. Sections 895.90 to 895.95 shall be known as the "Drug Dealer Liability Law."

SB55-ASA1-AA1, s. 3871j Section 3871j. 895.91 of the statutes is created to read:

SB55-ASA1-AA1,1342,1 895.91 Definitions. In ss. 895.90 to 895.95:

SB55-ASA1-AA1,1342,3 (1) "Illegal drug" means a controlled substance or controlled substance analog whose distribution is a violation of s. 961.41.

SB55-ASA1-AA1,1342,6 (2) "Illegal drug market" means the support system of illegal drug related operations, from production to retail sales, through which an illegal drug reaches the user.

SB55-ASA1-AA1,1342,8 (3) "Individual drug user" means the individual whose illegal drug use is the basis of an action brought under s. 895.92.

SB55-ASA1-AA1,1342,13 (4) "Level 1 offense" means possession of 7 grams or more, but less than 113 grams, or distribution of less than 28 grams of a specified illegal drug other than marijuana, or possession of 454 grams or more, but less than 1.8 kilograms, of marijuana, or possession of 25 plants or more, but less than 50 plants, containing tetrahydrocannabinols, or distribution of less than 454 grams of marijuana.

SB55-ASA1-AA1,1342,19 (5) "Level 2 offense" means possession of 113 grams or more, but less than 227 grams, or distribution of 28 grams or more, but less than 56 grams, of a specified illegal drug other than marijuana, or possession of 1.8 kilograms or more, but less than 3.6 kilograms of marijuana, or possession of 50 plants or more, but less than 75 plants, containing tetrahydrocannabinols, or distribution of more than 454 grams, but less than 2.3 kilograms, of marijuana.

SB55-ASA1-AA1,1342,25 (6) "Level 3 offense" means possession of 227 grams or more, but less than 454 grams, or distribution of 56 grams or more, but less than 113 grams, of a specified illegal drug other than marijuana, or possession of 3.6 kilograms or more, but less than 7.3 kilograms of marijuana, or possession of 75 plants or more, but less than 100 plants, containing tetrahydrocannabinols, or distribution of more than 2.3 kilograms, but less than 4.5 kilograms, of marijuana.

SB55-ASA1-AA1,1343,4 (7) "Level 4 offense" means possession of 454 grams or more or distribution of 113 grams or more of a specified illegal drug other than marijuana, or possession of 7.3 kilograms or more of marijuana, or possession of 100 plants or more containing tetrahydrocannabinols, or distribution of 4.5 kilograms or more of marijuana.

SB55-ASA1-AA1,1343,5 (8) "Marijuana" has the meaning given in s. 961.01 (14).

SB55-ASA1-AA1,1343,11 (9) "Participate in the illegal drug market" means to distribute, possess with an intent to distribute, commit an act intended to facilitate the marketing or distribution of, or agree to distribute, possess with an intent to distribute, or commit an act intended to facilitate the marketing and distribution of an illegal drug. "Participate in the illegal drug market" does not include the purchase or receipt of an illegal drug for personal use only.

SB55-ASA1-AA1,1343,16 (10) "Period of illegal drug use" means, in relation to the individual drug user, the time of the individual's first use of an illegal drug to the accrual of the cause of action under s. 895.92. The period of illegal drug use is presumed to commence 2 years before the cause of action accrues unless the defendant proves otherwise by clear and convincing evidence.

SB55-ASA1-AA1,1343,21 (11) "Place of illegal drug activity" means, in relation to the individual drug user and unless the defendant proves otherwise by clear and convincing evidence, each assembly district in which a claim is made that the individual possesses or uses an illegal drug or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use.

SB55-ASA1-AA1,1343,25 (12) "Place of participation" means, in relation to a defendant in an action brought under s. 895.92, each assembly district in which the person participates in the illegal drug market or in which the person resides, attends school, or is employed during the period of the person's participation in the illegal drug market.

SB55-ASA1-AA1, s. 3871k Section 3871k. 895.92 of the statutes is created to read:

SB55-ASA1-AA1,1344,5 895.92 Liability for participation in the illegal drug market. (1) A person who knowingly participates in the illegal drug market within this state is liable for civil damages as provided in this section. A person may recover damages under this section for injury resulting from an individual's use of an illegal drug.